The Man at the Window

The Defendant proposed to an acquaintance that the two break into a general store and steal bacon. Unknown to the Defendant, the acquaintance had no intention of committing a crime: he was connected to the store's owner, told the family of the plan, and went along only to catch the Defendant in the act. That night the Defendant boosted the acquaintance through a window. The acquaintance entered the building, handed a side of bacon out to the Defendant, who received it and began carrying it away before both were seized. The Defendant himself never entered the building. The Prosecution charged him with burglary on the theory that the acquaintance's entry could be attributed to him as a joint venturer. The Defense argued that because the acquaintance entered with no criminal intent, there was no burglarious entry the law could impute to the Defendant.